The Criminal Act of 1991 in Sudan was enacted to align the country's legal system with Islamic principles, incorporating Shari'a law. It replaced the Penal Code of 1983 and includes provisions for hudud (fixed punishments for severe crimes like

theft Theft (, cognate to ) is the act of taking another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it. The word ''theft'' is also used as a synonym or informal shor ...

and

adultery Adultery is extramarital sex that is considered objectionable on social, religious, moral, or legal grounds. Although the sexual activities that constitute adultery vary, as well as the social, religious, and legal consequences, the concept ...

qisas ''Qisas'' or ''Qiṣāṣ'' () is an Islamic term interpreted to mean "retaliation in kind",Mohamed S. El-Awa (1993), Punishment In Islamic Law, American Trust Publications, "eye for an eye", or retributive justice. ''Qisas'' and ''diyya'' a ...

(retributive justice for murder or bodily harm), and

ta'zir In Islamic Law, ''tazir'' (''ta'zeer'' or ''ta'zir'', ) lit. scolding; refers to punishment for offenses at the discretion of the judge (Qadi) or ruler of the state.apostasy Apostasy (; ) is the formal religious disaffiliation, disaffiliation from, abandonment of, or renunciation of a religion by a person. It can also be defined within the broader context of embracing an opinion that is contrary to one's previous re ...

, punishable by death, and has been criticised for harsh penalties such as

amputation Amputation is the removal of a Limb (anatomy), limb or other body part by Physical trauma, trauma, medical illness, or surgery. As a surgical measure, it is used to control pain or a disease process in the affected limb, such as cancer, malign ...

and

flogging Flagellation (Latin , 'whip'), flogging or whipping is the act of beating the human body with special implements such as whips, rods, switches, the cat o' nine tails, the sjambok, the knout, etc. Typically, flogging has been imposed ...

. Significant amendments were made in 2020, including the removal of the death penalty for apostasy and the repeal of Public Order Laws.

History and context

Through the introduction of the

September 1983 Laws In September 1983, president Gaafar Nimeiry introduced Islamic sharia laws in Sudan, known as September Laws (), disposing of alcohol and implementing hudud punishments, ''hudud'' punishments such as public flogging for alcohol consumption and ...

, Nimeiry's partnership with the

Muslim Brotherhood The Society of the Muslim Brothers ('' ''), better known as the Muslim Brotherhood ( ', is a transnational Sunni Islamist organization founded in Egypt by Islamic scholar, Imam and schoolteacher Hassan al-Banna in 1928. Al-Banna's teachings s ...

and the Ansar was intended to unify religious factions and introduce sharia law. However, despite initially working together, the Ansar criticised Nimeiry's application of these laws as being both un-Islamic and corrupt. After Nimeiry's removal after the 1985 coup d'état, Sudan's political landscape transformed, giving rise to multiple political parties. The

National Islamic Front The National Islamic Front (NIF; ; transliterated: ''al-Jabhah al-Islamiyah al-Qawmiyah'') was an Islamist political organization founded in 1976 and led by Dr. Hassan al-Turabi that influenced the Sudanese government starting in 1979, and d ...

(NIF), Ansar, and

Khatmiyya The Khatmiyya is a Sufi order or brotherhood (tariqa) founded by Sayyid Mohammed Uthman al-Mirghani al-Khatim. The Khatmiyya is the largest Sufi order in Sudan, Eritrea and Ethiopia. It also has followers in Egypt, Chad, Saudi Arabia, Somalia, U ...

Sufi order (DUP) became significant players in Sudanese politics. Hassan al-Turabi and the NIF consistently advocated for Islamic laws and opposed alterations to the existing framework. The laws were frozen during Sudan’s transition to democracy after the 1985 coup d'état, but were reinstated during the Omar al-Bashir era between 1989 and 2019, after the 1989 coup d'état. The Criminal Act of 1991 enacted by the

Revolutionary Command Council for National Salvation The Revolutionary Command Council for National Salvation (RCCNS-Sudan) was the governing body of Sudan following the June 1989 coup. It grew out of the collaboration between the Sudanese Armed Forces and the National Islamic Front. It was the au ...

on 31 January 1991, replaced the Penal Code of 1983. This legislation aimed to align Sudanese law more closely with Islamic principles, incorporating elements of Shari'a law. It includes provisions for

hudud ''Hudud'' is an Arabic word meaning "borders, boundaries, limits". The word is applied in classical Islamic literature to punishments (ranging from public lashing, public stoning to death, amputation of hands, crucifixion, depending on the c ...

, and

ta'zir In Islamic Law, ''tazir'' (''ta'zeer'' or ''ta'zir'', ) lit. scolding; refers to punishment for offenses at the discretion of the judge (Qadi) or ruler of the state. The Act also defines various terms and conditions under which certain actions are considered criminal, aiming to provide a comprehensive legal framework for criminal justice in Sudan. Hudud offenses cover severe crimes such as theft, adultery, and apostasy, with fixed punishments. Qisas refers to retributive justice, often applied in cases of murder or bodily harm, allowing for equivalent retaliation or compensation Ta'zir offenses are less severe and their punishments are discretionary, determined by a judge based on the circumstances. One notable aspect of the Act is the criminalisation of

apostasy Apostasy (; ) is the formal religious disaffiliation, disaffiliation from, abandonment of, or renunciation of a religion by a person. It can also be defined within the broader context of embracing an opinion that is contrary to one's previous re ...

(renouncing Islam), which is punishable by death under Section 126. This has been a point of significant controversy and criticism from human rights organisations.

Application

The 1991 Sudanese Criminal Act, in accordance with sharia, authorised ''hudud'' punishments in the north. The consumption of

alcohol Alcohol may refer to: Common uses * Alcohol (chemistry), a class of compounds * Ethanol, one of several alcohols, commonly known as alcohol in everyday life ** Alcohol (drug), intoxicant found in alcoholic beverages ** Alcoholic beverage, an alco ...

was punishable by 40

lashes Lashes may refer to: * Lashes, a form of Flagellation Flagellation (Latin , 'whip'), flogging or whipping is the act of beating the human body with special implements such as whips, Birching, rods, Switch (rod), switches, the cat o' ni ...

for a Muslim and 20 lashes for a Christian.

Islamic family jurisprudence Islamic family jurisprudence (, ) or Islamic family law or Muslim Family Law is the fiqh of laws and regulations related to maintaining of Muslim family, which are taken from Quran, hadith, fatwas of Muslim jurists and ijma of the Muslims. It co ...

applied to Muslims in Sudan, while certain Islamic law provisions discriminated against women, especially regarding

inheritance Inheritance is the practice of receiving private property, titles, debts, entitlements, privileges, rights, and obligations upon the death of an individual. The rules of inheritance differ among societies and have changed over time. Offi ...

marriage Marriage, also called matrimony or wedlock, is a culturally and often legally recognised union between people called spouses. It establishes rights and obligations between them, as well as between them and their children (if any), and b ...

and

divorce Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganising of the legal duties and responsibilities of marriage, thus dissolving the M ...

. Women were instructed to dress modestly according to Islamic standards, including wearing a head covering which was enforced by the

Public Order Police In public relations and communication science, publics are groups of individual people, and the public (a.k.a. the general public) is the totality of such groupings. This is a different concept to the sociological concept of the ''Öffentlichkei ...

. In addition, converting from Islam to another religion was considered apostasy under sharia and was punishable by death in the North. For example, in 2009 a group of women, excluding journalist

Lubna al-Hussein Lubna Ahmed al-Hussein is a Sudanese Muslim, media worker and activist who came to international attention in July 2009, when she was prosecuted for wearing trousers. Her case became a ''cause célèbre'', with organisations such as the Arabic Net ...

, were lashed for wearing jeans. In 2022, a woman was due to be stoned for adultery before being jailed for 6 months. In 1991, 2013, 2015, 2021, and 2023, there were documented cases of men being sentenced to hand amputation for theft. In 2013, 3 men were sentenced to amputation for stealing cooking oil in

North Darfur North Darfur State ( Wilāyat Šamāl Dārfūr; ''Shamal Darfor'') is one of the wilayat or states of Sudan. It is one of the five states composing the Darfur region. It has an area of 296,420 km2 and an estimated population of approximat ...

under article 173 of the 1991 Sudanese Criminal code, but the sentence was later overturned. On 14 February 2013, a man's right hand and foot were amputated at al-Ribat Hospital after he was convicted with armed robbery, known as "

Hirabah In Islamic law, ''Ḥirābah'' () is a legal category that comprises highway robbery (traditionally understood as aggravated robbery or grand larceny, unlike theft, which has a different punishment), rape, and terrorism. Ḥirābah means piracy o ...

" in article 168 of the 1991 Sudanese Criminal Act. A similar cross-amputation sentence was issued and enforced in 2021.

Effect on women rights

The Criminal Act of 1991 in Sudan, along with the Public Order Laws, has had a significant impact on women's rights in the country. These laws were designed to enforce strict moral codes and public behaviour, often disproportionately targeting women. Public Order Laws governed various aspects of public behaviour, including dress codes, social interactions, and public gatherings. Women were frequently arrested for "indecent or immoral dress," which could include wearing trousers or not covering their hair. The Public Order Police had extensive powers to enforce these laws, leading to widespread harassment and public humiliation of women. Articles within this act, such as Article 152, criminalised acts deemed indecent or immoral, with punishments including flogging and fines. This law was often used to control women's behaviour and restrict their freedoms. The enforcement of these laws restricted women's participation in public life, including their ability to work and engage in social activities. This had broader implications for their economic independence and social status.

Criticism

The Act has been criticised for including harsh punishments such as

, and the death penalty for certain crimes. These punishments have raised serious human rights concerns, particularly regarding their alignment with international human rights standards. On 17 March 2000, Curtis Francis Doebbler, a lawyer and human rights advocate, filed a case against Sudan, known as Curtis Francis Doebbler v. Sudan, before the

African Union Commission The African Union Commission (AUC) acts as the executive/administrative branch or secretariat of the African Union. It is headed by a chairperson and consists of a number of Commissioners dealing with different areas of policy. The African ...

. Doebbler alleged that Sudan violated various provisions of the

African Charter on Human and Peoples' Rights The African Charter on Human and Peoples' Rights (also known as the Banjul Charter) is an international human rights instrument that is intended to promote and protect human rights and basic freedoms in the African continent. It emerged under ...

by arbitrarily arresting, detaining, and torturing individuals, including himself, during his work as legal counsel. On 29 May 2003, the African Union Commission found that Sudan violated Article 5 of the African Charter and requested that the Sudanese government to amend the 1991 Criminal Code, abolish punishment by

lashing Lash or Lashing may refer to: * Eyelash * Whiplash (disambiguation) * Lashing (ropework), a form of connecting solid objects tightly using rope or cord * Flagellation, a form of torture or punishment involving a whip * Backlash (engineering), clea ...

, and compensate the survivors.

Amendment

In recent years, there have been significant amendments to the Act. For example, in 2020, the Transitional Government of Sudan made several changes, including the elimination of the death penalty for apostasy and the removal of flogging as a punishment for certain offences. The Public Order Laws were repelled in 2019.

References

{{Sudan topics Law of Sudan